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Monthly News & Updates

April 2023

Upcoming Events

See what's happening

in the coming weeks!

4.14.23 | Using Leadership and Decision-Making to Overcome Current and Business and Legal Challenges | Washington University - Olin Business School | Rooms 210/211 | 7:30 am-1:00 pm CDT | Register here

05.09.23 | 2023 Corporate Counsel Institute (CCI) | Chase Park Plaza - 212 Kingshighway Blvd. - 63108 | 8:00 am - 5:30 pm CDT | 8.0 CLE Credits | Register Here!


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Getting to Know

ACC St. Louis Board Member, Pamela Howlett

Title: V.P, Associate General Counsel; Regulatory, Public Affairs & Sustainability

Company: Bayer U.S. Crop Science

In current position for: Three Years

Law School: WashU

Undergrad: University of Chicago

Board Position: Law School Relations


1. If I was not an attorney I would be: A writer, in part because my mom told me so.


2. My hobbies are: Gardening, hiking and reading mysteries.


3. When I want to relax I: Paint a bedroom.


4. My music playlist is dominated by: 90's alternative, 80's pop, and recently 70's classics...and I cannot forget 90's country, Mark Chestnut in particular.



Read more...

Managing Requests for Remote Work

Outside the ADA Accommodations Process

By: Melissa M. Pesce, Senior Counsel

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

In 2020, the world seemingly shut down as Covid-19 took hold of all aspects of our society. Quarantines replaced business lunches, and companies were forced to look for innovative ways to stay open during the pandemic. In response to stay-at-home mandates, the concept of working from home soared – a concept now widely known as “remote work.” Covid-19 forced employers to reimagine the traditional office setting thereby transforming homes into remote workplaces.

 

As people slowly emerged from isolation, many workers realized the pandemic provided a small silver lining: their first opportunity to work from home. Now, with the height of the Covid pandemic in the past[i], many employees want to continue working from home. Employers are seeing an increase in requests for remote work as an accommodation under the Americans with Disabilities Act (ADA)[ii]. But, requests to work from home are not limited to employees covered by the ADA or other anti-discrimination laws. With labor shortages and unfilled positions, employees are in a better position to negotiate more attractive employment terms, such as working from home; thus, some employers are feeling the pressure to allow employees to work from home or risk losing talented members of their workforce.


Read more...

The 2023 Corporate Counsel Institute (CCI) is taking place on

Tuesday, May 9th from 7:15 a.m.- 6:30 p.m. at Chase Park Plaza.


Interested parties are reminded to REGISTER before the May 5th registration closing.

 

Tuition Includes: 9 hours of Missouri CLE, Continental Breakfast, Lunch, Refreshments, Cocktail Reception, and Attendance Prizes. CLE includes (one hour of Ethics/Elimination of Bias in Missouri)

 

The CCI event will include sessions on:

 

  • Dear Ethics Lawyer goes Corporate Part Two: Additional Stories of Dilemmas, Questions and Challenges for Corporate Counsel


  • The Nine: The Supreme Court at the Dawn of a New Era


  • State of the Unions: Developments with Organized Labor and the NLRB


  • CCPA/CPRA/GDPRA The Intersection of HR and Data Privacy/Security


  • The Thing About “The Thing About Pam”


  • Contracting Best Practices: Indemnification, Force Majeure and other Remedies in a post-Covid World”


  • The Antitrust Onslaught and Approaches by Which to Manage the Risk


  • Changes to the NLRA, Government Efforts to Assist Union Organizing and How to Protect Your Company


  • Corporate Client Privilege: Protecting and Preserving Client Confidences in the Corporate Setting

We thank our

2023

Corporate

Counsel Institute Sponsors!

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BREAKFAST SPONSOR:

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RECEPTION

SPONSOR:



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EVENT

SPONSORS:

&

KUDOS TO MEMBERS!


We plan to highlight both the professional and personal accomplishments of our ACC St. Louis members in future newsletters, so we ask readers to send us future stories and photos like the one shown below. Please send these, along with a contact phone number and email to: accstl@qabs.com with the subject line: MEMBER KUDOS.

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Our first KUDOS story highlights ACC St. Louis Board Secretary,

Danielle Langeneckert's role as

President of the Tower Grove East Neighborhood Association in South St. Louis.


  • How long have you been involved with the Tower Grove East Neighborhood Association?
  • I have been a volunteer for several organizations in the past. Last year, I was approached by TGENA to help lead the Neighborhood Association as President. While I have been active in attending events and fundraisers brought by TGENA in the past, 2022 was my first year on the board.  



  • What are your responsibilities as the current President?
  • Serve a multi-year term overseeing a non-profit organization and one of St. Louis’ 79 historic neighborhood associations.
  • Lead a diverse board of 14 directors and manage a $15K budget overseeing beautification, commercial development, safety, fundraising, social engagement, and charitable giving initiatives benefiting 5,800 residents.
  • Organize 23 meetings annually to provide a venue for city officials and citizens to gather and collaborate on pressing issues.


Read more...

Top: Danielle Langeneckert, Tower Grove East Neighborhood Association President, presents a $1,010 check to Ms. Marrocco, Principal of Shenandoah Elementary School. TGENA provided matching funds to neighbor donations for a holiday donation for students in need.

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Bottom: Langeneckert addresses attendees at the February TGENA General Meeting for an aldermanic candidate forum.

Welcome to Our Newest ACC-St. Louis Members!


  • Umme Kulsoom Arif, Milestone Equipment Holdings
  • Dan Begian, Enterprise Holdings, Inc.
  • Betsy Cammarata, Edward Jones
  • Drey Cooley, Safety National Casualty Corporation
  • Sarah Catherine Copper, Nestle Purina Pet Care Company
  • Sarah Crow, Taco Bell Corp.
  • Jill Czapla, Eastman Chemical Company
  • Brendan Dolan, Enterprise Holdings, Inc.
  • Brian Gill, Nidec Motor Corporation
  • Katharine Lessaris, Eastman Chemical Company
  • Heather Ludwig, Nidec Motor Corporation
  • Mason McBride, TierPoint, LLC
  • Brian McMaster, iCIMS, Inc.
  • Alberto Navarette, Nidec Motor Corporation
  • Gary Pierson, MGP Ingredients, Inc.
  • Carissa Schmidt-Munier, Nidec Motor Corporation
  • Paige Seggebruch, RGA Reinsurance Company
  • Jonny Wang, Enterprise Holdings, Inc
  • Mark Williams, BNP Paribas


 New National Labor Regulations Board Changes

Regarding What Terms Private Sector Employers

Can Include in Many Severance Agreements

By: Timothy Sarsfield, Partner

Thompson Coburn, LLC - St. Louis


On February 21, 2023, the National Labor Relations Board (“Board”) issued a decision that could have broad-ranging implications on what terms a private sector employer may include in a severance or separation agreement for non-supervisory employees regardless of whether they are represented by a union. McLaren Macomb, 372 NLRB No. 58 (2023). Unless struck down on appeal or read narrowly in the future, the Board’s decision would appear to make it unlawful for most private sector employers to include standard confidentiality and non-disparagement language in severance agreements. The decision applies both to employees represented by a union and to those not so represented. 


Appeals in the Board area are different than in ordinary cases. There is no specific time frame for when the employer must seek to overturn the decision. In fact, the employer can wait until the Board moves to enforce before seeking to overturn the case. Actions to enforce or vacate most commonly occur in the Circuit where the alleged unfair labor practice occurred. In this case, that would be the Sixth Circuit. Courts of Appeals tend to be very deferential to the Board’s interpretation of the National Labor Relations Act (“Act”). While the Decision overturns certain cases by the Trump Board, it is not uncommon for the Board to switch course when the balance of power swings from Republican to Democrat or vice versa. As of this writing, neither the employee or the Board have taken the matter to any appeals court. Even if the employer were to get the Decision overturned, the Board would only honor that ruling as to them. The Board usually takes the position that it will follow its rulings until overturned by (a) legislation, (b) a Supreme Court ruling or (c) they change their mind.


Read more:

Join the ACC St. Louis and Washington University Olin Business School for a half day program on Leadership and Decision Making.


Today's corporate attorneys are frequently called upon to make critical decisions that impact many different stakeholders. These high-risk, high-opportunity decisions are often made under considerable time pressure. How much weight do we give to analytics and data versus experience, emotion and intuition?


Session #1: What Are the Attributes of a Great Leader? with Professor Hillary Elfenbein

Session #2: The Decision-Making Framework with Dr. Peter Boumgarden, PhD.

 

April 14, 2023

Washington University Olin Business School

3.0 Missouri CLE Credits

- Register -

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